HomeMy WebLinkAbout01-16-20 Regular Meeting of the Planning and Zoning CommissionHAL LAWLER
Chairman
DONNA O'CONNER
Commissioner At Large A
NICK BARRERA
Commissioner At Large B
TREY KENDRICK
Commissioner District 1
RICHARD WARREN
Commissioner District 2
Vice Chairman
JO ANN PITZER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
LOU ANN MARTIN
Commissioner District 5
CHRISTINA TSCHAPPAT
Commissioner District 6
LA PORTE PLANNING AND ZONING COMMISSION AGENDA
THURSDAY, JANUARY 16, 2020
REGULAR SESSION 6 P.M.
CITY COUNCIL CHAMBER
LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary's office (281-470-5021) two (2) working days prior to the meeting for appropriate arrangements.
1. CALL TO ORDER
2. ROLL CALL OF MEMBERS
3. PUBLIC COMMENT (Generally limited to five (5) minutes per person; in accordance with state law, the
time may be reduced if there is a high number of speakers or other considerations.)
4. CONSIDER APPROVAL OF THE MEETING MINUTES:
a. Approve the minutes of the meeting held on December 19, 2019.
5. FINAL PLAT:
a. Consider approval of a Final Plat for Artesia Village, a single family residential development
consisting of 82 lots on 19.2 acres, located on the east side of SH 146.
6. CHAPTER 106 (ZONING) AMENDMENTS: Open Public Hearing to receive input on an ordinance
amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Question and Answer
7. ADJOURN PUBLIC HEARING
8. CONSIDERATION: Consider recommendation to City Council on amendments to Chapter 106 "Zoning"
of the Code of Ordinances.
9. DISCUSSION:
a. Possible changes to allowed uses in R-1
b. Update on City Council Actions
10. ADMINISTRATIVE REPORTS
11. COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific
factual information or existing policy.
12. ADJOURN
A quorum of City Council members may be present and participate in discussions during this meeting;
however, no action will be taken by the Council.
In compliance with the Americans with Disabilities Act, The City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be
received 24 hours prior to the meetings. Please contact Lee Woodward, City Secretary, at 281-470-5019.
CERTIFICATION
I do hereby certify that a copy of the January 16, 2020 Planning and Zoning Commission agenda was posted
on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times,
and to the City's website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code.
Title:
DATE OF POSTING
TIME OF POSTING
Ir_lXA01.z•ITITJ0
City of La Porte, Texas
Planning and Zoning Commission
January 16, 2020
AGENDA ITEM 4
Consider approval of the Meeting Minutes:
a. December 19, 2019
Ian Clowes, City Planner
Planning and Development Department
City of La Porte, Texas
Planning and Zoning Commission
Minutes of December 19, 2019
Commissioners Present: Chairman Hal Lawler, Nick Barrera, Donna O'Conner, Christina
Tschappat, Richard Warren, Jo Ann Pitzer, Mark Follis, Trey
Kendrick, Lou Ann Martin
Commissioners Absent: None
City Staff Present: Assistant City Attorney Clark Askins, City Manager Corby
Alexander, Assistant City Manager Jason Weeks, Planning &
Development Director Teresa Evans, City Planner Ian Clowes,
Planning Technician Chase Stewart
1. CALL TO ORDER:
Chairman Lawler called the meeting to order at 6:02 p.m.
2. ROLL CALL OF MEMBERS:
All Commissioners were present at the meeting
3. Public Comment Part 1 (6:00 pm):
• Chuck Rosa, 812 S Virginia St. — Voiced personal opinions of the Planning and
Zoning Commission.
4. Public Comment Part 2 (6:12 pm) (by request of the public, a second public comment
section was opened after the approval of the four (4) final plats)
• Diane Thompson, 2303 Eagle Lane — Spoke about a Special Conditional Use
Permit (SCUP) #19-91000008 that was pulled from the agenda. More specifically,
the property owner and the troubles her neighborhood has experienced with that
owner.
• Wyatt Smith, 10905 Spruce Dr. — Asked questions about the General Plan
process and how it relates to a Special Conditional Use Permit (SCUP). The
Commission advised the speaker to meet with staff outside of the meeting for
specific information
• John Jones, 814 Hackberry St. — Has questions about a Special Conditional Use
Permit (SCUP) #19-91000008 that was pulled from the agenda, specifically
detention work adjacent to the property. Will contact staff directly, outside of the
meeting for more information.
• Robert Moore, 507 Fairway Dr. — Expressed concerns about the Special
Conditional Use Permit (SCUP) #19-91000008 that was pulled from the agenda,
specifically any potential flooding effects of a new development.
5. Consider Approval of Meeting Minutes:
a) November 21, 2019 Minutes
Motion by Commissioner Kendrick to approve the proposed meeting minutes with the
condition that a minor correction to one of the motions be corrected.
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None Motion to approve passes, 9-0
6. Final Plat (6:12 pm):
a) Consider approval of a Final Plat for the Morgan's Landing Section 6, a single
family residential development consisting of 39 lots on 7.78 acres located off of
Bay Area Blvd.
b) Consider approval of a Final Plat for the Morgan's Landing Section 7, a single
family residential development consisting of 70 lots on 16.44 acres located off of
Bay Area Blvd.
c) Consider approval of a Final Plat for the Morgan's Landing Section 8, a single
family residential development consisting of 55 lots on 16.94 acres located off of
Bay Area Blvd
d) Consider approval of a Final Plat for Bay Landing Circle; a street dedication located
within the Morgan's Landing Subdivision.
Motion by Commissioner Barrera to approve the four Morgan's Landing Final Plats in a
single motion.
Second by Commissioner Follis Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None Motion to approve passes, 9-0
7. Zone Change #19-92000007 (6:29 pm): Open a public hearing on a request for approval
of Zone Change Request #19-92000007 by Pablo Abel Garza, applicant and owner; for
approval of a zone change from General Commercial (GC) to Low Density Residential (R-
1), on a 0.23 acre tract of land located at 11813 Fieldcrest Dr., and legally described as
Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, Harris County, La Porte, TX
a. Staff Presentation: Ian Clowes, City Planner, presented the Zone Change
request #19-92000007.
b. Applicant Presentation: N/A
c. Public Comment: Jaquveline Yates, 11717 N L St. — Staff received a comment
response sheet from the citizen in favor of the zone change.
d. Question and Answer: Commissioner Follis was in favor of the zone change and
suggested that the nature of the surrounding properties could benefit from a similar
zone change. Expressed support of a potential comprehensive plan update to
address this.
Motion by Commissioner Tschappat to approve zone change request #19-92000007
Second by Commissioner Barrera Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None Motion to approve passes, 9-0
8. Future Land Use Map Amendment (6:36 pm): Consider a recommendation to the La
Porte City Council on a proposed amendment to the Future Land Use Map component of
the La Porte Comprehensive Plan by amending the land use designation for a 0.23 acre
tract of land located at 11813 Fieldcrest Dr., and legally described as Lots 32 and 33,
Block 2, Pinegrove Valley Subdivision, from "Commercial" to `Low Density Residential'.
Motion by Commissioner Kendrick to approve the Future Land Use Map Amendment
(Commercial to Low Density Residential)
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None Motion to approve passes, 9-0
9. Zone Change #19-92000008 (6:40 pm): Open a public hearing on a request for approval
of Zone Change Request #19-92000008 by Monica Rogers, applicant; on behalf of MLMR
Properties, LLC, owner; for approval of a zone change from Low Density Residential (R-
1) to Neighborhood Commercial (NC), on a 0.39 acre tract of land legally described as a
portion of Restricted Reserve "A", Block 1, Willmont Commercial Park Subdivision
Amending Plat, Harris County, La Porte, TX.
a) Staff Presentation: Ian Clowes, City Planner, presented the zone change request
#19-92000008.
b) Applicant Presentation: Monica Rogers, 10105 W Fairmont Pkwy — Provided
context to the proposed development. Currently owns the property, but is in the
process of selling the portion in question to a developer to construct a drive-thru
convenience store.
c) Public Comments: N/A
d) Question and Answer: Commissioner Tschappat asked what the proposed
development for the property would be if the zone change was approved.
Commissioner O'Conner gave context by providing an example of the
development. Commissioner Barrera asked if a home could be built on the site,
but Commissioner Follis raised the idea of concerns of distance requirements from
intersections for residential driveways.
Motion by Commissioner Barrera to approve the zone change request #19-92000008
Second by Commissioner Follis Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None
Motion to approve passes, 9-0
10. Zone Change #19-92000009 (6:57 pm): Open a public hearing on a request for approval
of Zone Change Request #19-92000009 by Tammy Jo Millstid, applicant; on behalf of CM
Millstid Properties, LLC, owner; for approval of a zone change from Planned Unit
Development (PUD) to Business Industrial (BI), on a 3.38 acre tract of land located at
11007 Fairmont Pkwy. and legally described as Tract 1 H, Abstract 625 R, Pearsall Survey,
Harris County, La Porte, TX.
a) Staff Presentation: Ian Clowes, City Planner, presented the proposed zone
change request #19-92000009.
b) Applicant Presentation: Tammy Millstid, 1905 Laura Ln — The applicant is
looking to sell the Planned Unit Development (PUD) portion of property in
combination with the adjacent portion that is currently zoned Business Industrial
(BI). They have had issues with the sale of the property because of the limited
access and ability to use the property with the current zoning and configuration.
c) Public Comments: Wyatt Smith, 10905 Spruce Dr. - Asked about the potential
of adjacent property owners asking for a zone change.
d) Question and Answer: Commissioner Follis asked staff about the possibility of
approving a Special Conditional Use Permit (SCUP) for the Planned Unit
Development (PUD) portion of property instead of a Business Industrial (BI) zone
change to ensure that there are improvements done on the site, mandated by a
SCUP agreement with the City of La Porte. The suggested improvements would
complement to the single-family home community, Morgan's Landing, being built
to the north of the site. Commissioner Barrera expressed similar concerns.
Motion by Commissioner Follis to deny the zone change request #19-92000009
Second by Commissioner Barrera Motion to deny carried
Ayes: Commissioners Barrera, Kendrick, Tschappat, Warren, Follis, and Martin
Nays: Commissioner O'Conner and Chairman Lawler Abstain: Commissioner Pitzer
Motion to deny passes, 6-2
11. Future Land Use Amendment (7:26 pm): Consider a recommendation to the La Porte
City Council on a proposed amendment to the Future Land Use Map component of the La
Porte Comprehensive Plan by amending the land use designation for a 3.38 acre tract of
land located at 11007 Fairmont Pkwy., and legally described as Tract 1 H, Abstract 625 R,
Pearsall Survey, from "Mid -High Density Residential" to "Business Industrial".
Motion by Commissioner Follis to approve the Future Land Use Map Amendment ("Mid -
High Density Residential" to "Business Industrial")
Second by Commissioner Kendrick Motion to approve carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Follis, Kendrick, Martin
Nays: Chairman Lawler Abstain: Commissioner Pitzer
Motion to approve passes, 7-1
12. Zone Change #19-92000010 (7:28): Open a public hearing on a request for approval of
Zone Change Request #19-92000010 by Ryan Sweezy, applicant; on behalf of Texas
Cargoways, LLC, owner; for approval of a zone change from Mid Density Residential (R-
2) to Planned Unit Development (PUD), on a 6.921 acre tract of land located at the 3400
Block of Canada Rd., and legally described as Reserve A, Block 1, Dawson Subdivision,
Harris County, La Porte, TX.
a) Staff Presentation: Ian Clowes, City Planner, presented the zone change request #19-
92000010. Since Special Conditional Use Permit (SCUP) #19-91000009 is being
requested in correlation to this Planned Unit Development (PUD) zone change request,
Ian Clowes, City Planner, also outlined the SCUP requirements proposed by City staff.
b) Applicant Presentation: Ryan Sweezy, 2302 E Lawther St. — Answered questions
about the proposed development subject to approval of the Planned Unit Development
(PUD) zone change and the subsequent approval of a Special Conditional Use Permit
(SCUP).
c) Public Comments:
Ray Roberson, 9018 Carlow Ln - Staff received a comment response sheet from the
citizen in support of the Zone Change request.
Victor Peres, 2401 Andrews Ct — Spoke in favor of approval.
d) Question and Answer: Commissioner Pitzer has questions about the quality of the
project based off of pictures from an existing operation in Pasadena. Commissioner
Tschappat asked about the construction of an office and what it would be made out of.
Commissioner Barrera had questions about room for maneuverability of larger items being
stored to get in and out of the site.
Motion by Commissioner Follis to approve the zone change request #19-92000010
Second by Commissioner Kendrick Motion to approve carried
Ayes: Commissioners Barrera, Follis, Kendrick,
Nays: Commissioners Pitzer, Tschappat, Warren and Chairman Lawler
Abstain: Commissioners Martin and O'Conner
Motion to approve fails, 3-4
13. Future Land Use Amendment (8:03 pm): Consider a recommendation to the La Porte
City Council on a proposed amendment to the Future Land Use Map component of the La
Porte Comprehensive Plan by amending the land use designation for a 6.921 acre tract
of land located at the 3400 Block of Canada Rd., and legally described as Reserve A,
Block 1 Dawson Subdivision, from "Mid -High Density Residential" to "Commercial".
Motion by Commissioner Warren to deny the Future Land Use Map Amendment ("Mid -
High Density Residential" to "Commercial")
Second by Commissioner Pitzer Motion to deny carried
Ayes: Commissioners O'Conner, Tschappat, Warren, Pitzer, and Chairman Lawler
Nays: Commissioners Follis, Kendrick, and Barrera
Abstain: Commissioner Martin
Motion to deny passes, 5-3
14. SCUP REQUEST #19-91000009 (8:11): Open a public hearing on a request for approval
of Special Conditional Use Permit (SCUP) #19-91000009 by Ryan Sweezy, applicant; on
behalf of Texas Cargoways, LLC, owner; to allow for a boat and recreational vehicle (RV)
storage facility, to locate on a 6.921 acre tract of land located at the 3400 Block of Canada
Rd., and legally described as Reserve A, Block 1, Dawson Subdivision, Harris County, La
Porte, TX.
a) Staff Presentation: Ian Clowes, City Planner, presented the Special Conditional
Use Permit (SCUP) request #19-91000009 requirements during the staff
presentation portion for zone change #19-92000010.
b) Applicant Presentation: Ryan Sweezy 2302 E Lawther St. — Answered
questions about the proposed development.
c) Public Comments:
Ray Roberson, 9018 Carlow Ln - Staff received a comment response sheet from
the citizen in support of the Special Conditional Use Permit (SCUP) request.
Chuck Rosa, 812 S Virginia St. — Voiced opposition to the way the Commission
voted for the Special Conditional Use Permit (SCUP) related items (zone change
and future land use map amendment).
d) Question and Answer: N/A
Motion by Commissioner Follis to approve the Special Conditional Use Permit request
#19-91000009 with all of staffs conditions and 3 additional (Hours of Operation expansion
from 6am to 10pm, 30' screening buffer from Canada Rd., and minimum 60' driveway
length to avoid queuing in public Right -of -Way)
Second by Commissioner Kendrick Motion to approve carried
Ayes: Commissioners Tschappat, Follis, Kendrick, Barrera, and Chairman Lawler
Nays: Commissioners Pitzer and Warren
Abstain: Commissioners Martin and O'Conner
Motion to approve with conditions passes, 5-2
15. SCUP Request #19-19000008:
• The Special Conditional Use Permit (SCUP) request #19-91000008 was pulled
from the meeting agenda before the start of the meeting at the discretion of the
applicant.
16. Future Land Use Map Amendment:
• The Future Land Use Map amendment request was pulled from the meeting
agenda before the start of the meeting at the discretion of the applicant.
17. Discussion (8:21 pm)
a) City Planner, Ian Clowes, informed the Commission on the status of the proposed
Chapter 106 updates. The proposed updates are scheduled for a vote at the
January Planning and Zoning Commission agenda. All recommended Chapter
106 updates will be forwarded to the City Council for consideration.
18. Adjourn (8:30 pm):
Motion by Commissioner Warren to adjourn the meeting.
Second by Commissioner Kendrick Motion to adjourn carried
Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick,
Martin and Chairman Lawler
Nays: None
Motion to adjourn passes, 9-0
Respectfully submitted,
Chase Stewart
Planning Technician
Passed and Approved on 12020.
Hal Lawler
Chairman, Planning and Zoning Commission
Trey Kendrick
Secretary, Planning and Zoning Commission
City of La Porte, Texas
Planning and Zoning Commission
January 16, 2020
AGENDA ITEM 5
Consider approval of a Final Plat for Artesia Village, a subdivision
consisting of 82 patio home lots on 19.2 acres located on the east
side of SH 146.
Ian C/owes, City Planner
Planning and Development Department
City of La Porte, Texas
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Planning and Development Department
Staff Report
ISSUE
Consider applicant's request to approve the Final Plat for Artesia Village.
DISCUSSION
Applicant's Request.
The applicant, Ryan Moeckel of Texas Engineering and Mapping Co., requests approval of
the Final Plat for the Artesia Village subdivision. The attached exhibit is the proposed final
plat. The 19.2 acre site will consist of 82 patio home lots ranging in size from 5,125 square
feet to 7,000 square feet.
Background Information.
The site is currently zoned Planned Unit Development (PUD), with an approved Special
Conditional Use Permit (SCUP), and is vacant. The preliminary plat for this subdivision was
approved on January 17, 2019. The following table summarizes the surrounding zoning and
land uses:
Zoning
Land Use
North
R-2, Mid Density Residential
Town Homes
South
PUD, Planned Unit
Development
Proposed Multi -family Project
West
PUD, Planned Unit
Development
SH 146/Port Crossing Commerce Park
East
PUD, Planned Unit
Development
City Golf Course
ANALYSIS
Residential Requirements.
Section 106-333(a) includes the various zoning requirements for residential development
(see the attached Exhibit C).
1. Single family special lot line developments (Patio Homes) require a minimum lot area
of 4,500 square feet. The proposed Artesia Village Final Plat is in compliance with
this requirement.
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2. The code requires a minimum 40 foot lot width. The proposed Artesia Village Final
Plat is in compliance with this requirement.
3. Yard setbacks are as follows: front-20 feet, sides-0 feet, and rear-10 feet. Front
setbacks have been called out on the final plat document. All setbacks will be verified
at the time building permits are issued for each house.
4. The maximum height allowed for a single family detached structure is 35 feet and will
be verified with the issuance a of building permit for each house.
5. The minimum site area per unit for single family special lot line developments is 7,300
square feet. The proposed Artesia Village subdivision is proposed at 10,199 square
feet per unit. The maximum dwelling units per acre is 6.0 while the proposed
subdivision is at 4.27 D.U./acre, which is less dense than the code allows. The
proposed subdivision is in compliance with these code requirements.
6. The maximum lot coverage is 60% and will be verified at the time building permits
are issued for each house.
Staff finds that the proposed final plat is in compliance with the residential requirements set
forth in Section 106-33(a) of the City's Code of Ordinances as well as the approved general
plan.
Detention.
The applicant has provided the required drainage for the subdivision. There will be one
detention pond located on the east side of the subdivision. The proposed pond will tie into
the proposed development to south. The functionality of these dentition facilities have been
detailed in a drainage report submitted to city staff and reviewed by the City Engineer.
Parkland Dedication and Park Development Fees.
Section 86.25 of the City's Development Ordinance requires one acre of parkland be
dedicated for every 93 proposed dwelling units. In this case, the applicant does not propose
to dedicate any parkland to the city. The ordinance also allows for a cash payment in lieu of
that dedication. The ordinance requires payment of $490 per dwelling unit to satisfy the cash
payment in lieu of land dedication. This payment is due at the time of building permit for each
individual dwelling unit.
In addition to the cash payment in lieu of land dedication, the applicant is responsible for
payment of a park development fee at the time of building permit. Section 86.25 (b) (3) of
the Development Ordinance requires payment of a $318 fee per dwelling unit. As a result,
at the time of building permit issuance for each lot the applicant will be responsible for
payment of $482 + $318 = $800 to cover the cash payment in lieu of land dedication and
park development fee.
RECOMMENDATION
Staff recommends the Planning and Zoning Commission approve the Final Plat for Artesia
Village with the condition that any and all outstanding staff comments be addressed prior
to recordation of the plat.
ATTACHMENTS
Exhibit A:
Final Plat of Artesia Village
Exhibit B:
Area Map
Exhibit D:
Application
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City of La Porte Planning & Development Department Phone:281.470.'5073
604 W. Fairmont Pkwy, Fax: 281.470,5005
La Porte, TX 77571 SUBDIVISION PLAT APPLICATION www.laportetx.gov
(5 or More Lots)
1. PROPERTY OWNER CONTACT INFORMATION:
OWNER NAME: Jabez L 1, LLC PHONE I: 17-849-5100
E-MAIL, Robert. Hleck deinnenbaum..+com
MAILING ADDRESS: 1038 Texas "Tail, Grapevine, Texas 7 051
2. AGENT/CONTRACTOR REPRESENTING PROPERTY OWNER:
AGENT/CONTRACTOR NAME; Texas Engineering, and Mapping Co. - Ryan MMoeckel PHONE 1: 281-491-2525
PHONE 2: 83-595-7926 FAX #: 281-4911-253
E-MAIL: rmoeckel@team-civill.com
MAILING, ADDRESS, 12718 Century Drive, Stafford, Texas 77477
3, PROPERTY DESCRIPTION:
PARCEL, NO(s) (13-digit HCAD Tax ID #): 040-278-00' 1-0007
SUBJECT PROPERTY ADDRESS (if existing): U State Highway 1146, La Porte, TX 77571 (according to HCAD amount Info)
SUBJECT PROPERTY LEGALDESCRIPTION19.172 acres of land on the J. Hunter Survey, Abstract No. 36, City of La Porte, Harris County, Texas
.
A. INFORMATION SPECIFIC TO APPLICATION:
TYPE OF PLAT: 13 GENERAL 13 PRELIMINARY FINAL
PROPOSED NAME: yXArtesia Village It SECTIONS: n/a 4 LOTS: 82
AUTHORIZED SIGNATURE: DATE:M
S. APPLICATION CHECKLIST& SUPPORTING DOCUMENTATION.
COMPLETE ITEMS 1 THRU 4 OF APPLICATION
ATTACH APPLICABLE PLANS
1 SU113MIT CORRECT APPLICATION FEE (Reber to Application Fee Schedule for applicable fees)
(4'TAFF I?SE oru_:
DATERECEIVED, RECEIVED BY:
(PROJECT NUMBER:
SCHEDULED DATE FOR PLANNING & ZONING COMMISSION AGENDA.
City of La Porte, Texas
Planning and Zoning Commission
January 16, 2020
AGENDA ITEM 6-8
Proposed Chapter 106 ordinance updates based on the
Annual Review.
Ian C/owes, City Planner
Planning and Development Department
City of La Porte, Texas
Planning and Development Department
Staff Report
BACKGROUND
The Planning and Zoning Commission is tasked with conducting an annual review
of Chapter 106 "Zoning". To do so, the Commission created a subcommittee
comprised of four (4) members of the Planning and Zoning Commission. Along with
staff support, the subcommittee has conducted a number of meetings to determine
areas of Chapter 106 that may require certain amendments. Throughout the multi -
month process, staff periodically brought the working document to the full
Commission as a discussion item. The first phase of recommended amendments
consisted of a number of changes that were considered top priorities based on
Council and staff feedback. This phase was brought to the Commission as a Public
Hearing in November of 2019. This item is the second phase of recommended
changes as agreed upon by the subcommittee. Attached is the final draft document
with the final proposed changes to Chapter 106 for the current annual review
period.
REQUESTED ACTION
Staff requests the Planning and Zoning Commission consider recommendation
of the proposed Chapter 106 amendments to City Council.
2
2019/2020 Chapter 106 Amendments — Part 2
1. ISSUE: Self -Storage Sec. 106-310 — Boat and RV storage are currently included with mini
warehousing and self -storage under NAICS 531 Real Estate and should be separated into individual
categories.
**
NC
IVIS
GC
MU
131
LI
HI
531
Real Estate
P
P
P
P
P
P
P
531130
essoirs of %nWairehouses
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e in i SeK Storage U in li is (III e1
rnclu6irn II:peel and II°W
Storage)
531130
: peel a n i 11:1W Storage
C
C
2. ISSUE: Grassed/Dust Free Sec. 106-444 (b) (3) - The "surface to control dust" requirement can be fairly
subjective. Additionally, grassed surfaces are rarely adequate surfaces for outside storage.
(b) Outdoor storage. Open and outdoor storage as an accessory or principal use provided that:
(1) The area is screened from view of neighboring residential uses or an abutting residential
district in compliance with secti1a.I:7...a:; ..6„-444(a) (Special use performance standards).
() g p right-of-way p section '1..06- 2 Storage is screened from view from the public ri t-o -wa in compliance with. ............................................................................
(a) (Special use performance standards)
......................
(3) Storage area is.gi @s;ed...ow -,u114@ ed �Eoj4s:� 1`111USL be pmve ' wi Lh ei Lher n onnn reLe, II101,,.
rnix as4�) ax L, or chii4) seal (II xIDO l SMi radard 316SUI-face LreaLinei nL). New Ledhin6o ies %irn
�mving igaLei- 4s: Can be considered nsidered and e4)4�)rooed aL Lhe dis reLioi°n of Lhe I[)la ni ni n ; and
11ev6o4 i nei nL Diren Loi. or his/her desP ;i nee.
3. ISSUE: Parking Space Definition Sec. 106-1—The current definition for parking space does not specify
the type of surfacing material that is required.
Section 106-1
Parking space means a surfaced area, desi ned to GoHtic4 dustaHd me4-obi ep:)ave ' wiHI ei0jen-
n of nn reLe, hoL nix as)haL, or n hii4)seal (ILxDO11 SLa n and 316 SUI-fen e LreaLi nei nL), enclosed or
unenclosed, sufficient in size to store one automobile together with a surfaced driveway
connecting the parking space with the street or alley permitting ingress and egress of an
automobile. A parking space or any requisite maneuvering area incidental thereto shall not
occupy any public right-of-way. New Len hn°nolo;, S ill 4)er-lkil g lOL SUI-far inn ; can be considered a n '
e4 4 mooed aL Lhe discreLion of Lhe I[)4nini n;, and Devdo4�)ineinL Direr Loi, or his/her designee.
Section 106-835 (f)
Surfacing. All areas for parking space and driveways shall be surfaced with materials suitable to
control dust and drainage.
1awge...Let 4�p) lei �::4g driveways and stalls shall be surfaced with standard concrete,
hot -mix asphalt, or chip seal (TxDOT Standard 316 surface treatment) 44 aen4feii i ugaii: ee W4h the�
puiake..iMp�evei ugeHtc'W m 4e114@ i u @11: � a. (II ACI ), excel L in Lhe case of si nt;,le fei nii I101nnes in Lhe
Large LoL (LLD) zoning disLricL. II of develol)ineinLs in Lhe LLD zoning disLricL, Lhe fii'SL g01-L feel
V 'oG f Ii(::" 4gI V�;;GII"II,,N( vv �'', .w IINIIII"(V� toIII4 ,J 'V',i''4;',V� IIN.wVV11��,;;,'„.wL'VII11VGaV"V�;;G ,� urv�"Hir�.n rI u� Ilro.n � u� urvu�,;,.url �� way Il
r of nr reLe, 1110L i nix ass) av L' or r hiil)seal (Il xDUI SLa n and 316 SU1�1a e LreaLi nei nL). New
Ler hnolo ies in Ferri ng let SUIJar illg Call be considered nsi ered and aI�) �)roved aL Lhe discreLion of Lhe
P4 ni°ni ng and Develol)i nei n1 DirecLor or his/her designee.
4. Landscape Maintenance Sec 106-800 — Currently the code does not specifically state that all required
landscaped must be maintained throughout the existence of the building.
Sec. 106-800. - Landscaping.
(a) Landscaping is required along the front property line and along the side property lines in a
minimum four feet wide planting strip. Corner lots shall be treated as having two front
property lines. A certified site plan and/or separate landscape plans shall be submitted in
conjunction with building permit applications. A landscape legend on the site plan shall
include type, size, and number of plantings existing and proposed at site. Approval of
landscape requirements is a condition of building permit approval. The perimeter
landscaping requirements of this subsection are not applicable in the Main Street District
Overlay.
(b) AIII i-e(JUire la n s al i)i ng shael be invinLai ne 011°oUt;,lhOUL Lhe USefL ll life of Lhe devdol ineinL.
MSD Residential Sec. 106-948 (f) (2) —There have been a number of recent challenges lately to which
architectural features can be described as pre 1930's.
Current Section of Code:
(f) Redevelopment principles forsingle family dwellings.
(1) Homes shall be no more than two stories in height.
(2) Houses should be designed to incorporate characteristics in pre 1930's residential construction.
Colors common during the time should be utilized.
(3) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or
synthetic wood (such as Hardiplank).
(4) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco,
and burglar bars shall not be used.
(5) Where original doors and/or windows were blocked or covered, those openings should be
restored to their original appearance.
(6) The use of aluminum window frames is prohibited.
(1) Homes shall be no more than two stories in height.
(2) Houses should be designed to incorporate characteristics in pre 1930's residential construction.
oinino n characLerisLi excirulI)leS WOLfld be cai-I ennLel-gOLhi feaftfles, decoraLive I)eak Ll-USSeS,
si n& 01- 1 u sLory p:)Orches WiLhI illlci 0n- p 01-Li os' gable roofs, window ShUfters, decorative
I eriod lighLirng, eL . Color schemes common during the time should be utilized and an-e SUbjurL 1u
al I n°u cl by Lhe Il)lcnini ng Director (ex. ConLrasLing, b6d, and eaith L011eS al-e SL;ggeSLed).
(3) The primary material (minimum of 90%) shall be bil4esteRe, c'46GGo, Ii9poGk, wood siding or
synthetic wood (such as Hardiplank).
(4) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco,
aluminum window frames, and burglar bars 4144 i not Ige...used are i not I)eri nil ed.
(5) Wdu.l@ a Original doors and/or windows LhaL were blocked or covered, theseol:)eHiiil;gsw shrm6lkj
shad l be restored to their original appearance and fUIICLGui ncl y.
(6) A garage is n°noL i'e(JUired, I)uL Lhel-u Shacl IDe IDe SUHn is iei n1 slmce reserved foi- k, car sLal6s of n Lhe
I i)rol ei-Ly. H a garage is desired, iL sI are be deLa hed and oH'seL Lo eiLhei. Lhe side or rear yard,
adhering Lo si n& n'cinii y deLa lied area i-u(JL;ii'eiruleinlS
(7) DeLaclhed garages n`11L;sL ULikze c Uirnif01-1u1 n'ac;ade Lo Lhe I�)rii nary Iivi ng sL1'L;cLL;1'u on Lhe I�)rq)en-Ly
and cannot exceed a si n&„sLory ii,,.n heighL
(8) Il)la ei ne nL oq 1 ai-I�)oi'1s anywhere i,,.n site is i not I�)eri u" i ed.
(9) If c I�)rq ei'Ly is L;Lilizi nk alleyway access 1u rear oHfseL garage, Lhe alleyWay i u1uSL be it lgq proved
Lo and 011°uUgh Lhe p1-0I)ei-Lk li nes and IDUft Lo City of' Lc IfPoi'Le sp)ecihcaLior.ns.
(1.0) II he I[)la ni ni ng and 11cv6 q)i "pei nL Dire Loir or his/her designee sI are xl)I�)rove Lhe fii 4 design
6. ISSUE: Multi -tenant Parking Sec. 106-839 — Multi -tenant structures often have many different land uses
come and go over the years, making it hard for developers to plan for enough parking.
Sec. 106-838
2017
2017 NAICS
MINIMUM NUMBER OF REQUIRED PARKING SPACES
NAICS
Title
(combination)
Code
N/A
S110 iu""nk,
111I""ne ;Lace eI` k.00 dL;a1-e feel 0 f g1l-0ss f 001` a1f-ea f0n" s 110i P n g ceInL e l"; VllndeiP-
Ce nLei.
25,000 Scat;xi-e feet Blind cline sa c e ei,.250 SdL;ai-e fee10f g1--0SS fl001l-xi-ex g001.
shq)I� i ng centers LhaL are 25,000 S(jL;ci'e Beet 01- Vci°ken-
7. ISSUE: SCUP vs. CUP — Chapter 106 refers to Conditional Use Permits (CUP) as well as Special Conditional
Use Permits (SCUP) which are functionally the same thing.
Recommendation: Staff recommends changing all references to CUP to SCUP.
Sec. 106-216. - General conditions for all specaiA conditional uses in all zoning districts.
(a) A special conditional use permit may be granted by the city council for the construction of a
building and/or the establishment of a use as described in this or any other section, upon a
tract of land in single ownership or under unified control.
Sec. 106-659. - Special regulations and procedures.
(a) Procedure for establishing or developing a planned unit development district development.
(1) An application for a sI ecW conditional use permit shall be filed and processed based
upon procedures established by sections ..........................................
..a:; ..6„- 1.. , (General conditions for all sI ecW
conditional uses in all zoning districts)....1....8 - 1. (Conditions or approval), an'1.06-
.:....:........
.a:;. (Amendments).
(2) An application for a general plan shall be filed and processed simultaneously with the sI ecW
conditional use permit and shall be subject to the requirements of this chapter and the City
Development Ordinance Number 1444 on file in the city secretary's office.
8. ISSUE: Tree Preservation Sec. 106-801 (d) — This section states that tree protection/mitigation is not
applicable to individual single family lots. This could be misinterpreted by developers to include large
developments that contain individual single family lots.
Sec. 106-801. - Tree preservation.
(a) It is the intent of this section to encourage the preservation of existing trees within the city
and to prohibit their unwarranted destruction. The city encourages site planning which
furthers the preservation of trees and natural areas by the following methods: To protect
trees during construction; to facilitate site design and construction which contributes to the
long term viability of existing trees; and to control premature removal of trees; require on -
site replacement of trees that must be removed and require off -site replacement of trees
that cannot be replaced on -site, either by direct planting as outlined insection ],.06.-802 (tree
................................................................(replacement)or through a contribution tot the tree fundestablishedinsection '.Lp.�-89 tree
.............................
fund) of this chapter. It is the further intent of this section to achieve the following
objectives:
(1) Protect healthy trees and preserve the natural, environmental, and aesthetic
qualities of the city to the degree possible.
(2) Protect and increase the value of residential and commercial properties within the
city.
(3) Discourage premature clear -cutting of property.
(4) Maintain and enhance a positive image for the attraction of new developments to
the city.
(b) It shall be unlawful for any person to cause or permit the destruction of any healthy, native
tree (herein referred to as a "protected tree") within the city if such tree has a trunk which
exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the
natural ground level. Provided, however, it shall not be a violation of this provision if a tree
is removed and/or destroyed if the tree is obviously diseased or determined to be diseased
by an arborist or in the opinion of the planning director or his designated representative,
said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-
way.
(c) No person, firm or corporation desirous of developing or improving any parcel of property,
shall remove or cause the removal of any tree from said property without first obtaining a
clearing permit which would allow clearing of buildable areas only.
(d) The provisions of this section are not applicable to inndivid.uai iinf,dle feiuvil4d iota.Si n;lo
falllHy SUbdivisioins of less Lhan°n 5 acres.
9. ISSUE: Shipping Containers —It is no longer legal for the city to regulate fagade treatments for any type
of building. Additionally, the Building Department has had a difficult time regulating the construction of
homes that utilize shipping containers.
Sec. 106-334 — Special use performance standards; residential
(..Pb) Shipping containers. Single-family homes comprised and/or constructed of one or
more shipping containers are p:)rohibiLed. peF444ed w4hi 11,n...�vil
w�4
(1) AH d..'4ind eip...evRos'ed Golnt.a.i.nnen pa.�p11n� Muv::�en:el 6hv4ii be..wiv4d n'H �:�Jv orno.en e Go.M19ly n��j
(66Gh as, I4@11c.dk, I'woand), or.uvl�enine:�:ve iuvv:tei iv4i,rW...n :�lv vl,�.d�; i ov�vi:f1em �I'we pk4� nu1�::�Jg
(2)
I ei�i1:; 9 neet...QvenI'uvd (Ik4SP�MSPQ.) oonni111;g di41:Gts.w
DIVISION 2. - ACCESSORY BUILDINGS, USES AND EQUIPMENT
Sec. 106-741. - General provisions.
(a) No accessory buildings, uses or structures shall be erected or located in any required yard other than
the rear yard except:
(1) A detached private garage as defined, may be permitted in side yards, provided:
a. It complies with all the requirements of this section;
b. It shall be five feet or more from side lot lines; and
c. The side yard does not abut a street right-of-way.
(2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more
than one story in height may be located in utility easements in required rear yards, except
that they may not be located closer than three feet from a side or rear property line or
closer than six feet from any other structure.
(b) Accessory buildings, uses and structures, with the exception of those on residential large lots, shall
not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more
from any other building or structure on the same lot, and shall not be located upon any utility
easement.
(c) ULHizaLion of ship � in , co nLai ners as an aCCeSSOI'Y Use/sLI'U LUI'e ill any resi e nLW zoning disLricL is
� i)rohibiLed.
(d) Private garage structures with vehicular access doors facing public alleys, as defined in the public
improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way.
Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the
property line abutting the side street right-of-way.
(e) Detached private garages, as defined, may be 20 feet in height, or the height of the principal
structure, whichever is less.
(f) Floor area. See secti�a.I:7...a:; ..6„-41.6 (Special regulations).
(1) Generally. No accessory building, or carport garage for single-family dwellings shall
occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area.
(2) Large lot residential only. Accessory buildings in single-family residential large lots with
one acre or more may not exceed 5,000 square feet of floor area. Accessory buildings
with a floor area in excess of 1,000 square feet must be located at least 10 feet from any
property line and 20 feet from other structures. All accessory buildings on lots less than
one acre - all provisions of this section apply.
(g) No more than one detached private garage or carport structure on lots less than one acre with single
family dwelling.
(h) Wind generators, for producing electricity or other forms of energy shall not be located in any yards
other than the rear yard and must be set back 150 feet from all property lines or the height of the
structure, whichever is greater unless a special conditional use permit (SCUP) is granted. Provisions
of SCUP should take into consideration size, height, noise, location to adjacent properties, etc.
(i) Reserved.
(j) No accessory uses or equipment except for air conditioning structures or condensers may be located
in a required side yard except for side yards abutting streets where equipment is fully screened from
view.
(k) Large lot district. The property owner of a toolhouse, barn, shed, storage building and/or livestock in
the large lot district on a tract one acre in size or larger authorized without a principal structure on
the property, shall be responsible for ensuring no one lives in the toolhouse, barn, shed, or storage
building without properly permitting the structure for residential habitation, the property is kept in a
sanitary condition and the property complies with all applicable city regulations
10. Warehouse Size Restrictions — The Mayor convened a subcommittee of current Council Members to
discuss possible changes to the code that would help stem the tide of large warehouse construction
throughout the city.
**
NC
IVIS
GC
MU
131
LI
HII
42
Wholesale Trade
Motor Vehicle and Motor Vehicle Parts
4231
and Supplies Merchant Wholesalers
Furniture and Home Furnishing
4232
Merchant Wholesalers
C
Lumber and Other Construction
4233
L
P 19
19
P
Materials Merchant Wholesalers
Professional and Commercial Equipment
4234
and Supplies Merchant Wholesalers
Metal Service Centers and Other Metal®
42351
Merchant Wholesalers
Coal and Other Mineral Merchant
42352
P 19
Wholesalers
Household Appliances and Electrical and
4236'
Electronic Goods Merchant Wholesalers
,t:L
P19
P19
Hardware, and Plumbing and Heating
4237
Equipment and Supplies Wholesalers
Machinery, Equipment, and Supplies
4238
C
19
P
Merchant Wholesalers
Sporting and Recreational Goods and
423910
P 18
P 18
L ,7:
P 19
P 19
Supplies Merchant Wholesalers
Toy and Hobby Goods and Supplies
423920
P 18
P 18
L 7
P 19
P 19
Merchant Wholesalers
4
.
Recyclable Material Merchant
.....................................................
...................................
.........................................
.........................................
423930
P
Wholesalers
..................................................................................................
Jewelry, Watch, Precious Stone, and
......................................................
.......................
423940
P 19
P 19
Precious Metal Merchant Wholesalers
P
..................................................................................................
Other Miscellaneous Durable Goods
......................................................
......................................................
423990
P 19
P 19
Merchant Wholesalers
P
..................................................................................................
Paper and Paper Product Merchant
4241
Wholesalers
Drugs and Druggists' Sundries Merchant
4242
Wholesalers
P
P 19
P19
Apparel, Piece Goods, and Notions
4243
Merchant Wholesalers
..................................................................................................
Grocery and Related Product Merchant
4244
Wholesalers
Farm Product Raw Material Merchant
-
-
-
- ------------------------------
4245
P 19
P 19
Wholesalers
..................................................................................................
Plastics Materials and Basic Forms and
......................................................
..................
.................
424610
P 19
P 19
Shapes Merchant Wholesalers
P
..................................................................................................
Other Chemical and Allied Products
......................................................
......................................................
424690
P 19
P 19
Merchant Wholesalers
P
424710
.................................................................................................................................................................................
Petroleum Bulk Stations and Terminals
...................................
.....................
. .......................................................
P 19
P 19
..................................................................................................
-
Petroleum and Petroleum Products
-
-----------------------------------
......................................
................
424720
Merchant Wholesalers (except Bulk
P 19
P 19
Stations and Terminals)
P
424810
....................................................................................................................................................................................................................................................................
Beer and Ale Merchant Wholesalers,
......................................
.....................
. . ....................................................
p 19
-
P 19
P
-
c Beverage Wine and Distilled Alcoholi
-
-
-
-
-
- ---------------------------------------
424820
P 19
P 19
Merchant Wholesalers
P
424910
..............................................................
Farm Su p p i'ies Merchant Wholesalers
.....................................
....................................
......................................................
P 19
Book, Periodical, and Newspaper
...............
42492
Merchant Wholesalers
..................................................................................................
Flower, Nursery Stock, and Florists'
C;
42493
Supplies Merchant Wholesalers
P
P 19
P 19
Paint, Varnish, and Supplies Merchant
42495
Wholesalers
Other Miscellaneous Nondurable Goods
42499
Merchant Wholesalers
..................................................................................................
......................................................
..........................................
Wholesale Electronic Markets and
P
425
Agents and Brokers
P
P
P
493
..................................................................... ......................................................................................................................
Warehousing and Storage
..........
.....................
. .....................
................................ .
P 619
..................................................................................................
-
-
-----------------------------------
......................................................
17
P
493190
Other Warehousing and Storage
'I
P 17'19
21 � otall elite airea iinay not exceed two acires With a uneAinuuin Ilbuulill6ng slue of 15,000 sq ft A
spe64l con6flonall use 14peunnNt une Ilbe sought foir liiru6Vduall slites in excess of two acires cur
bulUlngs gireateir than 15,000 sq ft
City of La Porte, Texas
Planning and Zoning Commission
January 16, 2020
AGENDA ITEM 9
a. Possible changes to allowed uses in R-1
b. Update on City Council Actions
Ian Clowes, City Planner
Planning and Development Department
City of La Porte, Texas